Bass v. Edwards
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close, situated on Granite Street in Quincy, on May 17, 1876, and on divers other days and times between that day and September 6, 1877, the date of the writ.
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Tort for breaking and entering the plaintiff’s close, situated on Granite Street in Quincy, on May 17, 1876, and on divers other days and times between that day and September 6, 1877, the date of the writ. The answer admitted the title of the plaintiff to the premises described in the declaration, alleged that the defendant’s wife and the plaintiff were children of Lewis Bass, who in his lifetime owned the plaintiff’s lot and a lot in the rear thereof, both of which lots, on the death of Lewis Bass, came by inheritance equally to the plaintiff and the defendant’s wife; that a partition was…
1Opinion of the CourtMorton, J.
We find some difficulty in ascertaining from the bill of exceptions the precise question of law intended to be submitted to us. As we interpret it, the Superior Court ruled that Mrs. Edwards, by the deed from her father and by the partition between herself- and her brother, acquired a right to a defined and located way, passing into Granite Street through “ the walled passageway;” that she had no other right of way over the plaintiff’s land, and that, if the plaintiff obstructed and closed this way, she had no right to deviate from it and pass over his land in any other direction.
Her land and…
2Cases cited1 opinion
- Buss v. DyerMassachusetts Supreme Judicial Court · 1878
3Cited by14 opinions
- Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Sassman v. CollinsCourt of Appeals of Texas · 1908
- People v. JordanCalifornia Supreme Court · 1884
- Davis v. SikesMassachusetts Supreme Judicial Court · 1926
- Schmidt v. QuinnMassachusetts Supreme Judicial Court · 1884
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